Motion Müller (26.3044): Accountability for internal company data flows and databases
Submitted text
The Federal Council is instructed to submit a bill to Parliament to amend the Swiss Code of Obligations (CO), which:
- Companies that are subject to an ordinary audit are obliged to disclose the following in the management report Accountability for their internal data flows and their databases to file.
- To this end, Article 961c para. 2 CO is to be supplemented by a paragraph requiring the disclosure of the data flow and the company’s key data sets.
Justification
Initial situation and need for action
Today, data is a key economic production factor. It is the basis for business decisions, innovation, increased efficiency and new business models. Despite this importance many companies do not have a systematic overview of their internal data flows and their databases.This lack of transparency leads to increased legal, organizational and security-related risks, particularly in the areas of data protection, information security, compliance and corporate governance. At the same time, it makes it difficult for investors, supervisory authorities and other stakeholders to realistically assess the economic situation of a company.
The current Code of Obligations does not yet include a general obligation to account for the handling of data. This gap stands in contrast to national and international developments, which are increasingly focusing on transparency, accountability and data governance.
2. integration into the existing legal system
The handling of data is currently regulated fragmentarily in Swiss law, including by data protection law, intellectual property law, competition law and sector-specific decrees. However, there is no overarching, company-specific transparency obligation.With a selective Addition to Article 961c CO this gap can be closed without affecting existing special laws. Disclosure is made in the Management report and thus supplements existing disclosures on risk assessment and the internal control system.
It makes sense to provide a simple overview in the sense of a Cockpits across all databases. It is based on data that is already available as part of the internal control system, risk management or, where applicable, special statutory documentation obligations. A This does not result in additional costs.
The proposed regulation strengthens the Corporate Governance and increases the maturity of corporate management. It promotes a more conscious, secure and economically efficient handling of data.
At the same time, it increases the Attractiveness of the business location Switzerland. In addition, the measure supports the cross-border movement of data and capital and positions Switzerland as a reliable, competitive digital and business location.
A targeted amendment to the Code of Obligations can significantly improve transparency in the handling of data. The motion contributes to strengthening data governance, minimizing risk and securing Switzerland’s long-term competitiveness without creating new parallel regulations.